Gary McGivern
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Gary McGivern
Gerald "Gary" McGivern (October 26, 1944 – November 19, 2001) was a felon found guilty in 1967 of the armed robbery of a gas station in Pelham Manor, New York, United States, during which two police officers were wounded. McGivern was tried with his partner in the robbery, Charles Culhane, and was sentenced to ten to twenty years in state prison. On September 13, 1968, McGivern, Culhane and a third convict, Robert Bowerman, were being transported by two deputies, from Auburn State Prison to a court hearing in White Plains. During a rest stop along the New York State Thruway, a deputy's gun was seized in an attempted escape. During the struggle inside the police car, a deputy and Bowerman were shot to death. McGivern and Culhane contended that Bowerman acted alone in the escape attempt, and that Bowerman killed the deputy. Following one trial ending in a hung jury, a second trial in which they were sentenced to death, then a successful appeal of that death sentence, in a thi ...
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Felony
A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resulted in the confiscation of a convicted person's land and goods, to which additional punishments including capital punishment could be added; other crimes were called misdemeanors. Following conviction of a felony in a court of law, a person may be described as a felon or a convicted felon. Some common law countries and jurisdictions no longer classify crimes as felonies or misdemeanors and instead use other distinctions, such as by classifying serious crimes as indictable offences and less serious crimes as summary offences. In the United States, where the felony/misdemeanor distinction is still widely applied, the federal government defines a felony as a crime punishable by death or imprisonment in excess of one year. If punishable by e ...
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Bronx
The Bronx () is a borough of New York City, coextensive with Bronx County, in the state of New York. It is south of Westchester County; north and east of the New York City borough of Manhattan, across the Harlem River; and north of the New York City borough of Queens, across the East River. The Bronx has a land area of and a population of 1,472,654 in the 2020 census. If each borough were ranked as a city, the Bronx would rank as the ninth-most-populous in the U.S. Of the five boroughs, it has the fourth-largest area, fourth-highest population, and third-highest population density.New York State Department of Health''Population, Land Area, and Population Density by County, New York State – 2010'' retrieved on August 8, 2015. It is the only borough of New York City not primarily on an island. With a population that is 54.8% Hispanic as of 2020, it is the only majority-Hispanic county in the Northeastern United States and the fourth-most-populous nationwide. The Bronx ...
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Fingerprint
A fingerprint is an impression left by the friction ridges of a human finger. The recovery of partial fingerprints from a crime scene is an important method of forensic science. Moisture and grease on a finger result in fingerprints on surfaces such as glass or metal. Deliberate impressions of entire fingerprints can be obtained by ink or other substances transferred from the peaks of friction ridges on the skin to a smooth surface such as paper. Fingerprint records normally contain impressions from the pad on the last joint of fingers and thumbs, though fingerprint cards also typically record portions of lower joint areas of the fingers. Human fingerprints are detailed, nearly unique, difficult to alter, and durable over the life of an individual, making them suitable as long-term markers of human identity. They may be employed by police or other authorities to identify individuals who wish to conceal their identity, or to identify people who are incapacitated or deceased and ...
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Hung Jury
A hung jury, also called a deadlocked jury, is a judicial jury that cannot agree upon a verdict after extended deliberation and is unable to reach the required unanimity or supermajority. Hung jury usually results in the case being tried again. This situation can occur only in common law legal systems, because civil law systems either do not use juries at all or provide that the defendant is immediately acquitted if the majority or supermajority required for conviction is not reached during a single, solemn vote. Australia Majority (or supermajority verdicts) are in force in South Australia, Tasmania, Western Australia, the Northern Territory, Victoria, New South Wales, and Queensland. Australian Capital Territory and Commonwealth courts require unanimous verdicts in criminal (but not civil) trials. Canada In Canada, the jury must reach a unanimous decision on criminal cases. If the jury cannot reach a unanimous decision, a hung jury is declared. A new panel of jurors will b ...
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Kingston, New York
Kingston is a Administrative divisions of New York#City, city in and the county seat of Ulster County, New York, United States. It is north of New York City and south of Albany, New York, Albany. The city's metropolitan area is grouped with the New York metropolitan area around Manhattan by the United States Census Bureau. The population was 24,069 at the 2020 United States Census. Kingston became New York's first capital in 1777. During the American Revolutionary War, the city Burning of Kingston, was burned by the British on October 13, 1777, after the Battles of Saratoga. In the 19th century, it became an important transport hub after the discovery of Rosendale cement, natural cement in the region. It had connections to other markets through both the railroad and canal connections. Many of the older buildings are considered contributing as part of three historic districts, including the Kingston Stockade District, Stockade District uptown, the Midtown Neighborhood Broadway ...
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Negligence
Negligence (Lat. ''negligentia'') is a failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances. The area of tort law known as ''negligence'' involves harm caused by failing to act as a form of ''carelessness'' possibly with extenuating circumstances. The core concept of negligence is that people should exercise reasonable care in their actions, by taking account of the potential harm that they might foreseeably cause to other people or property. Someone who suffers loss caused by another's negligence may be able to sue for damages to compensate for their harm. Such loss may include physical injury, harm to property, psychiatric illness, or economic loss. The law on negligence may be assessed in general terms according to a five-part model which includes the assessment of duty, breach, actual cause, proximate cause, and damages. Elements of negligence claims Some things must be established by anyone who wants to sue in ...
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Chevrolet
Chevrolet ( ), colloquially referred to as Chevy and formally the Chevrolet Motor Division of General Motors Company, is an American automobile division of the American manufacturer General Motors (GM). Louis Chevrolet (1878–1941) and ousted General Motors founder William C. Durant (1861–1947) started the company on November 3, 1911 as the Chevrolet Motor Car Company. Durant used the Chevrolet Motor Car Company to acquire a controlling stake in General Motors with a reverse merger occurring on May 2, 1918, and propelled himself back to the GM presidency. After Durant's second ousting in 1919, Alfred Sloan, with his maxim "a car for every purse and purpose", would pick the Chevrolet brand to become the volume leader in the General Motors family, selling mainstream vehicles to compete with Henry Ford's Model T in 1919 and overtaking Ford as the best-selling car in the United States by 1929 with the Chevrolet International. Chevrolet-branded vehicles are sold in most autom ...
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Jailhouse Lawyer
Jailhouse lawyer is a colloquial term in North American English to refer to an inmate in a jail or other prison who, though usually never having practiced law nor having any formal legal training, informally assists other inmates in legal matters relating to their sentence (e.g. appeal of their sentence, pardons, stays of execution, etc.) or to their conditions in prison. Sometimes, they also assist other inmates in civil matters of a legal nature. The ability that inmates have to help other illiterate inmates file petition for post conviction relief was first recognized in ''Johnson v. Avery''. This same case also determined that unless states provide reasonable alternative, they must permit such action by jailhouse lawyers. The term can also refer to a prison inmate who is representing themselves in legal matters relating to their sentence. The important role that jailhouse lawyers play in the criminal justice system has been recognized by the U.S. Supreme Court, which has held ...
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Sheriff
A sheriff is a government official, with varying duties, existing in some countries with historical ties to England where the office originated. There is an analogous, although independently developed, office in Iceland that is commonly translated to English as ''sherif''. Description Historically, a sheriff was a legal official with responsibility for a shire, the term being a contraction of " shire reeve" (Old English ). In British English, the political or legal office of a sheriff, term of office of a sheriff, or jurisdiction of a sheriff, is called a shrievalty in England and Wales, and a sheriffdom in Scotland. In modern times, the specific combination of legal, political and ceremonial duties of a sheriff varies greatly from country to country. * In England, Northern Ireland, or Wales, a sheriff (or high sheriff) is a ceremonial county or city official. * In Scotland, sheriffs are judges. * In the Republic of Ireland, in some counties and in the cities of Dubli ...
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United States Attorney
United States attorneys are officials of the U.S. Department of Justice who serve as the chief federal law enforcement officers in each of the 94 U.S. federal judicial districts. Each U.S. attorney serves as the United States' chief federal criminal prosecutor in their judicial district and represents the U.S. federal government in civil litigation in federal and state court within their geographic jurisdiction. U.S. attorneys must be nominated by the President and confirmed by the Senate, after which they serve four-year terms. Currently, there are 93 U.S. attorneys in 94 district offices located throughout the United States, Puerto Rico, the U.S. Virgin Islands, Guam, and the Northern Mariana Islands. One U.S. attorney is assigned to each of the judicial districts, with the exception of Guam and the Northern Mariana Islands, where a single U.S. attorney serves both districts. Each U.S. attorney is the chief federal law enforcement officer within a specified jurisdiction, a ...
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Yonkers
Yonkers () is a city in Westchester County, New York, United States. Developed along the Hudson River, it is the third most populous city in the state of New York, after New York City and Buffalo. The population of Yonkers was 211,569 as enumerated in the 2020 United States Census. It is classified as an inner suburb of New York City, located directly to the north of the Bronx and approximately two miles (3 km) north of Marble Hill, Manhattan, the northernmost point in Manhattan. Yonkers's downtown is centered on a plaza known as Getty Square, where the municipal government is located. The downtown area also houses significant local businesses and nonprofit organizations. It serves as a major retail hub for Yonkers and the northwest Bronx. The city is home to several attractions, including access to the Hudson River, Tibbetts Brook Park, with its public pool with slides and lazy river and two-mile walking loop Untermyer Park; Hudson River Museum; Saw Mill River dayligh ...
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Coram Nobis
A writ of ''coram nobis'' (also writ of error ''coram nobis'', writ of ''coram vobis'', or writ of error ''coram vobis'') is a legal order allowing a court to correct its original judgment upon discovery of a fundamental error that did not appear in the records of the original judgment's proceedings and that would have prevented the judgment from being pronounced. ''Google Scholar'' The term ''coram nobis'' is Latin for "before us" (''i.e.'', the king) and the meaning of its full form, , is "which hingsremain in our presence". The writ of ''coram nobis'' originated in the courts of common law in the English legal system during the sixteenth century. The writ of ''coram nobis'' still exists today in a few courts in the United States. In 1907, the writ became obsolete in England and replaced by other means of correcting errors; however, the writ survives in the United States in various forms in the federal courts, in the courts of sixteen states, and the District of Columbia court ...
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